Adultery’s Impact On Alimony In California 

Each state is different. That is an essential element to consider because when your marriage ends, people may offer you a wide range of advice—especially if it happened due to adultery. Their experiences with divorce aren’t necessarily going to mirror your own. 

To illustrate how drastic states can differ, adultery is a felony in four states (Idaho, Oklahoma, Wisconsin, & Idaho). Here in California, it is not a crime. Someone from any of those places would have a drastically different take on how adultery impacts divorce proceedings. To ensure you understand the role it has in California, we provide the following:

A No-Fault Divorce

California is a no-fault divorce state. Understanding this is the first step towards learning about the role of adultery in a divorce case. During a no-fault divorce, you can successfully obtain a divorce without having to prove that the other person did something to cause one. 

If you live in a state where they have fault divorces, you may cite a reason such as adultery or substance abuse as the reason you are filing for divorce. According to the laws in California, there are only two reasons you can get divorced:

  • Irreconcilable difference 
  • Incurable insanity 

How That Factors Into Spousal Support 

Remember, California does not view adultery as a criminal act. That is important because “adultery” hasn’t been defined—and fault is not a prerequisite for granting a divorce. That said, there are several factors that a judge considers before awarding alimony (referred to as spousal support in California). 

All of these center around the person’s financial needs and whether the person being asked to pay it can do so. Though that may seem broad, the judge’s goal is to render a fair and equitable decision to both parties. 

The purpose of spousal support is not a punishment. People get spousal support, so their standard of living doesn’t drop considerably because of a divorce. A general rule to go by is that marital misconduct will not be considered for alimony. However, if someone was abusive, a judge will factor that in if that person is also asking for spousal support. 

The Grey Legal Group 

With more than 22 years of combined legal experience, we have a unique ability to deliver practical and innovative solutions to your most challenging issues. Contact The Grey Legal Group to schedule a consultation for legal services related to family law.

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The Grey Legal Group

At The Grey Legal Group, we believe in helping all families with their legal needs so they can be protected on your journey back to a calmer, happier place of stability. Whether it is divorce, child custody, guardianship, domestic violence, or adoption, we have seen it all before and we can help you through it. With the legal knowledge and experience we bring to the table, we will be certain to find the best and most efficient solution to your situation.

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